| Case ID |
0a7372e1-c37e-4841-88c3-713804ff93a6 |
| Body |
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| Case Number |
Criminal Appeal No. 4?(S) of 1998 |
| Decision Date |
Mar 05, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction of the appellant, who was sentenced to ten years' rigorous imprisonment for rape under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Court reaffirmed that the delay in lodging the FIR should not penalize the victim and emphasized the need for kindness and understanding towards victims of such heinous crimes. The Court found the evidence presented, including medical examinations, to be compelling despite the appellant's claims regarding the absence of violence and the alleged delay in reporting. The appeal was dismissed as the Court found no merit in the arguments presented by the appellant. |
| Summary |
In the landmark case of Khalil-ur-Rehman Khan vs. The State, the Supreme Court of Pakistan dealt with a sensitive issue regarding the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, specifically focusing on the implications of delayed reporting in cases of sexual assault. The case arose from the conviction of the appellant for the rape of an 11-12 year old girl, Sarnia Bibi. The Court highlighted the societal taboos surrounding sexual assault and the consequent reluctance of victims to report such crimes immediately. The judgment reinforced the principle that victims should not be penalized for delays in reporting incidents of sexual violence, stressing the importance of empathy and support for victims. The evidence presented included testimonies from medical professionals and the victim herself, which established the authenticity of the allegations despite the appellant's defense. This case is a significant reference point in discussions surrounding victim rights and the legal treatment of sexual assault cases in Pakistan. It emphasizes the necessity for legal systems to adapt to the realities faced by victims, ensuring justice is served without further victimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Khalil-ur-Rehman Khan,
Wajihuddin Ahmed,
Maulana Muhammad Taqi Usmani,
Dr. Mehmood Ahmad Ghazi
|
| Lawyers |
Javed Aziz Sindhu,
Dil Muhammad Tarar
|
| Petitioners |
Mehboob Ahmad
|
| Respondents |
The State
|
| Citations |
1999 SLD 364,
1999 SCMR 1102
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
10(3)
|